Bryant v. State
2011 Ind. App. LEXIS 1957
Ind. Ct. App.2011Background
- Bryant was convicted of two counts of Class A felony dealing in a narcotic drug, one count of Class A misdemeanor resisting law enforcement, one count of Class A misdemeanor marijuana possession, and admitted habitual substance offender status.
- Evidence included a marijuana strip search at a police station following a seizure during a stop for resisting law enforcement.
- A confidential informant conducted two controlled heroin purchases from Bryant in September 2010, leading to arrest and later identification.
- Bryant challenged the strip search as unconstitutional and moved for suppression; the trial court admitted related statements at trial.
- The trial court sentenced Bryant to concurrent terms totaling 42 years for the drug dealing counts, plus terms for the misdemeanors and habitual offender enhancement; the court stated aggravating factors and found no mitigating factors.
- Bryant appealed, raising ineffective assistance of counsel, a mistrial denial issue, and sentencing discretion issues; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for suppression failure | Bryant argues counsel should have moved to suppress the marijuana from the strip search. | Bryant contends the strip search was unlawful under Article I, Section 11. | No ineffective assistance; search justified by reasonable suspicion and felon-arrest context. |
| Mistrial denial due to Miranda issue | Admission of Bryant's statement from the strip search prejudiced him. | Statement was less incriminating and cumulative; error harmless. | No reversible error; admission deemed harmless. |
| Sentencing discretion | Trial court abused discretion by relying on improper or unsupported aggravating factors. | Aggravating factors supported by extensive criminal history; mitigating factors not present. | Harmless error; substantial criminal history supports sentence. |
Key Cases Cited
- Edwards v. State, 759 N.E.2d 626 (Ind. 2001) (strip search justification for misdemeanor arrestees; reasonable suspicion needed for custodial strip searches)
- Litchfield v. State, 824 N.E.2d 356 (Ind.2005) (Indiana constitutional reasonableness standard for searches; totality of circumstances)
- U.S. v. Robinson, 414 U.S. 218 (U.S. 1973) (full search incident to arrest permitted without additional probable cause)
- Townsend v. State, 460 N.E.2d 139 (Ind.1984) (contemporaneous search rule; search close in time to arrest)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard requiring prejudice)
- Moran v. State, 644 N.E.2d 536 (Ind.1994) (totality of circumstances governs reasonableness of searches)
- Hopkins v. State, 582 N.E.2d 345 (Ind.1991) (volunteered statements not interrogation under Miranda)
- Wright v. State, 766 N.E.2d 1223 (Ind.Ct.App.2002) (Miranda warnings apply to custodial interrogation)
- Davies v. State, 730 N.E.2d 726 (Ind.Ct.App.2000) (custodial interrogation safeguards required)
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (require detailed sentencing statement; not per se error)